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Jimmy Z

Duplicate Default Notice on File and "other" stuff

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Hi,

 

First off, may I say thank you to quite a few folks having endured the ordeals that I have been researching over the last 3 days.

 

I wanted to finalise where I'm at prior to posting to make sure that my seeking of information gave enough details for considered responses.

 

So the timeline goes like this.

 

January 2009

I wrote a CCA request letter to 1st Credit - sent recorded with the £1.

The letter was the standard template, no voice calls, communication in writing, no signatures on anything, no accepting liability, etc etc.

(I also started a new job... so was very busy getting into a new industry and role)

 

I never received anything or heard anything further regarding this issue, so wrongly assumed it was finalised.

 

This week, I received a call from 1st Credit demanding full payment... I just put the phone down.

this got my gander up.

As far as I was aware this was put to bed 3 years ago, so I return here to take a butchers on the latest information available.

 

I became aware of a link to noddle, and subsequently had a quick check to see what the state of my affairs were looking like... and here's what I found.

 

[ATTACH=CONFIG]40732[/ATTACH]

[ATTACH=CONFIG]40731[/ATTACH]

 

So... not only have they been chucking default notices at credit refernce agencies for the last three years, they've been doubling up on them too. Note the account numbers are different but amounts are the same, intriguing.

 

I've drafted a letter to go off to them

 

17th January 2013

 

1st Credit Ltd

Omnibus Building

Lesbourne Rd

Reigate

RH2 7JP

 

Dear Sir/Madam

 

I do not acknowledge any debt to your company

 

1st Credit Reference : XXXXXXXX

 

1st Credit Ltd were contacted by us in January 2009 so that you would send us a copy of an credit agreement, statement of account and notice of assignment.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we were entitled to receive a copy of our credit agreement on request. We enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should have been supplied within 12 working days from receipt of the request.

 

We understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

1st Call Credit failed to provide such requested documentation within the required time frames as no such documentation has been received at the above address.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. This harassment has continued through the repeated default notices not only applied, however applied in duplicate, with Credit Search Agencies.

 

We would ask that no further contact be made concerning the above accounts as 1st Call Credit have failed within their obligation to provide satisfactory proof within the time frames required, and that all notices of default are summarily removed from the records of the relevant agencies.

 

We await your written confirmation that this matter is now closed along with documentary evidence that the default notices have been removed. Otherwise we will have no option but to make a complaint to the trading standards department and we will inform the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully

 

I've tried to encompass as much as I can whilst being categoric in what I want.

Basically, they're scuppered so far as the cash is concerned...

. so winding them up is just pleasure now.

 

However, I presume I have recoursive action available to me due to breach of OFT regs?

 

What opinions are out there before I go final with this? Any wording changes to the letter?

Edited by Jimmy Z
added Credit File entries

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Here you go :)

 

[ATTACH=CONFIG]40732[/ATTACH] [ATTACH=CONFIG]40731[/ATTACH]

 

You'll notice on entry2 that they slapped on a default the month after I sent my CCA.

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tell noddle the same account shows twice

 

get another cra report from elsewhere too

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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tell noddle the same account shows twice

 

Yup, done.

 

I'm not bothered about the fact that they appear twice... they can appear 5 times for all I care. What I'm more interested in is why 1 month AFTER the SAR request they should have finalised the fact I don't owe them anything and that as far as I'm concerned they have adversely affected my ability to get finance / mortgage etc for the past 4 years (along with all the arguments and near divorce with the wife about it) which I would classify as emotional harrasment :S

 

I had a CCJ in 2003 (which was satisfied within a month of receiving the judgement) so blamed that for the issue in getting credit.

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if they ownthe debts which they do

 

they are entitled to mark the file

 

your dispute is that you dont owe the money

 

prove it.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yup... checkmyfile has the same details regarding the duplicate accounts - different account numbers

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Often account numbers are changed to suit the debt purchasers systems, also they has been an interesting development on some CRA records, in that the original creditors entry is marked settled (because of the sale) and then the debt purchaser make a new entry side by side showing their details and the original default date, supposedly to show the ''true'' history of the account more clearly.


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Sorry DX, prove what exactly?

 

They can own anything they like, however, I never had any credit agreement with them and they did not prove that I owed it to them in 2009.

Thanks for your help anyway, I'll look elsewhere for assistance.

 

Brigadier, thanks for your advice with that. Both of the accounts are showing a current and defaulting, so far as my credit files are concerned... that's £6k I apparently owe them.

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thats wy you've gotta get one removed

 

they are entitled to buy debt

and thus the rights to mark your file

 

if you are saying you never owed the money

 

prove it to them.

 

what was the org debt and who with?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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